In one other important respect the draft tuna convention differed from the halibut and salmon conventions; the latter empower the respective commissions to promulgate regulations for conservation of the fisheries. The draft tuna convention contained no such regulatory power. It was believed in this instance that if scientific investigation eventually demonstrated the need for regulation of the fisheries, the type and extent of regulation should be made the subject of study by the proposed commission which should then make its recommendations to the Governments for consideration and action.

The conference proceeded to exchange proposals and counter-proposals, and to hold both formal and informal discussions, until agreement was reached. Thereupon the Delegations drafted and signed a joint report to the two Governments submitting for consideration a "Draft Convention for the Establishment of an International Commission for the Scientific Investigation of Tuna" and stating the opinion of the Delegations that the conclusion of such

desirable. (See Appendix "A".)

a

convention was

The Chairman of the United States Delegation announced that his mission was completed with the agreement contained in the joint report and that he was at the disposal of the Mexican Delegation for consideration of other matters which they might wish to discuss. The Chairman of the Mexican Delegation replied that there were no other matters which his Government desired should be considered at that time and the conference might accordingly adjourn.

It was agreed that the joint report should be released for publication in the newspapers of both countries and that signing of the convention, if authorized, should not take place until after the lapse of a period of two or three weeks during which time interested persons or organizations might have an opportunity to express their opinions respecting the terms of the convention.

After certain language changes, made for purposes of clarity, the Department of State and the Mexican Industry of Foreign Affairs agreed to the conclusion of the convention incorporated in the joint report, which was duly signed at Mexico City on January 25, 1949.

A summary of the convention follows:

The preamble expresses the respective interests of the two countries in maintaining the populations of certain tuna and tuna-like fishes off the coasts of both countries and the desire to cooperate in scientific investigation and the gathering of information to facilitate the maintenance of populations of these fishes at a level which will permit maximum reasonable utilization without depletion year after year.

The first article of the convention relates to the establishment and functioning of the "International Commission for the Scientific Investigation of Tuna."

Paragraph 1 contains the agreement of the Parties to establish and operate a joint commission, to be composed of a United States section and a Mexican section of four members each, to be appointed by the respective Governments.

Paragraph 2 requires the commission to submit an annual report, with recommendations, to the two governments and, in its discretion, to supply information pertinent to the subject matter of the convention.

Paragraph 3 provides that the expenses of each national section shall be paid by its own Government. Joint expenses are to be paid by each party in the form and proportion recommended by the commission and approved by the two Parties. Paragraph 4 provides that the general annual program of activities and the budget of joint expenses shall be recommended by the Commission and submitted for approval to the two Parties.

Paragraph 5 states that the Commission's headquarters shall be established at a place to be decided by the two Parties.

Paragraph 6 provides for meetings of the Commission at least twice each year. Paragraph 7 states that the offices of chairman and secretary of the Commission shall alternate annually between members of the two national sections. Paragraph 8 requires the voting to be by sections, each national section to have one vote and decisions to be unanimous.

Paragraph 9 provides for by-laws, which must be submitted for approval to the two Governments.

Paragraph 10 authorizes the Commission to employ necessary personnel and requires that the appointments be distributed equitably between nationals of the two countries except in instances in which nationals of other countries may be employed.

Paragraph 11 permits each section to appoint its own advisers with whom it may meet whenever deemed desirable. The advisers may attend meetings of the Commission in their advisory capacity when the Commission so determines.

Paragraph 12 allows each national section to hold public hearings within its own country.

Paragraphs 13 and 14 provide for a Director and an Assistant Director of investigations and specify their duties.

Paragraph 15 establishes English and Spanish as the official languages of the Commission and requires certain records and publications to be in both languages. Paragraph 16 ensures the right of representatives of both national sections to participate in all work carried on by, or under the auspices of, the Commission. Paragraph 17 provides that each national section shall be entitled to obtain certified copies of Commission documents, except that the Commission is directed to adopt rules to ensure the confidential nature of the statistics of individual catches and individual company operations.

Paragraph 18 permits the Commission to utilize the technical and scientific services of other public or private agencies.

Article II describes the functions of the Commission. These are all directed toward the goal of obtaining scientific information regarding the yellowfin, bluefin, and albacore tunas, bonitos, yellowtails, and skipjacks in the waters of the Pacific Ocean off the coasts of both countries, and the fishes used as bait by the tuna fishermen of that area. The Commission is authorized to conduct scientific studies, collect and analyse statistics, and engage in similar fact-finding activities but is not authorized to promulgate regulations for purposes of conservation.

Article III contains the usual ratification provisions and sets the term of the convention at four years from the date of exchange of ratifications, and thereafter until one year from the day on which either Party shall give notice of intention to terminate. In the event of termination, the property of the Commission is to be returned to the two Parties in the proportion in which it was supplied by them. Archives in the English language are to go to the United States and those in the Spanish language to Mexico, with the understanding that archives are to be kept available for consultation by either Government, subject to any restrictions regarding the confidential character of records of individual company operations.

The Delegation of the United States of America believes that the interests of this country will be served by ratification of this Convention which it is anticipated will not only result in a positive benefit to the respective fishing industries of both countries but will also contribute to the conservation of an important food resource. Respectfully yours,

W. M. CHAPMAN,

Chairman, United States Delegation.

APPENDIX VI

UNITED STATES-COSTA RICA FISHERIES CONFERENCE, MAY 1949-REPORT OF THE CHAIRMAN OF THE UNITED STATES DELEGATION

The honorable the SECRETARY OF STATE.

JUNE 1949.

SIR: At the request of the Costa Rican Government, a fisheries conference between representatives of the United States and Costa Rican Governments was held in Washington beginning May 23, 1949. A principal aim of the conference was to negotiate a gotiate a convention to establish a commission for the scientific investigation of the yellowfin and skipjack tuna fishes of the eastern Pacific Ocean.

The tuna fisheries of the eastern Pacific Ocean, with an extraordinary growth during the past 15 years, have become the richest of our offshore marine fisheries, and now approximate in value of catch our Pacific salmon fisheries. Unlike salmon, however, comparatively meager scientific information is available on the tuna fishes. It is not, for example, known whether the accelerated fishing of the past few years had depleted the stocks, or what conservation measures, if any, might be desirable in order to maintain the tuna fisheries at high levels.

The great preponderance, as much as 90 percent, of the tuna landed in Pacific coast ports by the United States tuna fleet is caught in waters to the south of San Diego, Calif. The principal fishing grounds lie in the high seas off the coasts of Central and South America, from Mexico to northern Peru. The fisheries are, therefore, truly international fisheries, and their scientific investigation is properly a matter for international cooperation among the nations with interests involved. A first step was taken toward such cooperation by the signing in Mexico City on January 25, 1949, of a convention between the United States and Mexico providing for the establishment of an International Commission for the Scientific Investigation of Tuna. The Commission thus established is empowered to investigate

i

the tuna and tunalike fishes of the Pacific Ocean. It has no powers to regulate the tuna fisheries. The convention is a purely bilateral one.

In early May 1949 the Costa Rican Government signified its willingness to consider a tuna-fisheries agreement, along the lines of the United States-Mexico convention. This Government consented, the more readily since the United States high seas tuna fleet extensively resorts to Costa Rican territorial waters for port and bait privileges, and the two countries have many mutual fisheries interests and long and amicable relations with respect to such interests.

The conversations were duly opened ned in Washington on May 23, 1949, under the chairmanship of Dr. W. M. Chapman, special assistant for Fisheries and Wildlife to the Under Secretary of State. The sessions continued through May 24 and May 25, by which time full agreement on the issues involved in the establishment of a joint scientific investigating commission had been reached.

The United States delegates were Dr. W. M. Chapman, special assistant to the Under Secretary, chairman, and Milton C. James, Assistant Director, Fish and Wildlife Service, Department of the Interior, member. They were assisted by the following who served as advisers: Donald J. Chaney, Chief Counsel of the Fish and Wildlife Service, Department of the Interior; Richard S. Croker, chief of the California Bureau of Fisheries; Frederick J. Cunningham, second secretary of the United States Embassy at San Jose; Fred G. Heins, political economist, Department of State; Arnie J. Suomela, master fish warden, Oregon Fish Commission; and Fred E. Taylor, treaty adviser, Department of State. Mr. Chaney acted as secretary of the United States delegation.

The Costa Rican delegation was composed of Mario A. Esquivel, Ambassador of Costa Rica to the United States; Jorge Hazera, counselor of the Costa Rican Embassy in Washington; José Luis Cardona-Cooper; and Eduardo Martin.

Dr. Mogens Jul of the Food and Agricultural Organization of the United Nations attended the conference as an observer.

It appeared at the first meeting that no substantial disagreement existed between the two delegations with respect to the desirability of a joint scientific commission for tuna and tuna-bait investigation. After a brief exposition by the chairman of the practice and procedures of international fisheries commissions, the Conference entered immediately into a detailed consideration, in plenary session, of the provisions of a draft convention submitted by the United States delegation.

While modeled upon the United States-Mexico Tuna Convention referred to above, the draft Convention differed in certain aspects in order to apply more precisely to the fisheries relations existing between the United States and Costa Rica. In this regard, the draft Convention limited the subjects of investigation to the yellowfin and skipjack tunas and related bait fishes; it applied particularly to the tropical waters of the eastern Pacific Ocean; and, a matter of great importance, it made provision for the adherence of any other state whose nationals operated in the fisheries concerned.

All these changes from the United States-Mexican Convention were agreeable to the Costa Rican delegation. In turn, in discussion of the articles of the draft Convention, that delegation requested that provision be made, and it was agreed, that the species subject to investigation by the commission be expanded to include, besides the yellowfin and skipjack tunas, "other kinds of fish taken by tuna fishing vessels"; that the anchovetta be particularly designated as a bait fish to be studied; that the share of the joint expenses to be paid by each high contracting party be related to the proportion of total catch utilized by that party; and that the Convention should not be deemed to preclude a high contracting party from entering into treaties or conventions with other states with respect to the fisheries concerned, provided they were not incompatible with the present convention.

To the chairman's request whether it was the desire of the Costa Rican delegation to discuss other fisheries matters in addition to the establishment of the Joint Tuna Commission, the Costa Rican delegation replied in the negative.

The Convention was signed in Washington on May 31, 1949, by the Acting Secretary of State, Mr. Webb, and Dr. Chapman and, on behalf of Costa Rica, by Ambassador Esquivel and Mr. Hazera.

A summary of the Convention follows:

The first article relates to the establishment and functioning of a joint commission, to be known as the Inter-American Tropical Tuna Commission.

Paragraph 1 provides that the Commission shall be composed of national sections, each consisting of from one to four members, appointed by the respective Governments.

Paragraph 2 provides for the annual submittal to each Government by the Commission of a report on its investigations and findings, with recommendation, and on other appropriate matters.

Paragraph 3 provides for the payment of joint and several expenses of the Commission.

Paragraph 4 provides that the general annual program of activities and the budget of joint expenses shall be recommended by the Commission and submitted for approval to the signatory Governments.

Paragraph 5 provides that the Commission shall determine the place or places for its headquarters.

Paragraph 6 provides for meetings by the Commission at least once each year. Paragraph 7 provides for the selection for and rotation in the offices of chairman and secretary of the Commission.

Paragraph 8 requires unanimous vote for decisions, resolutions, recommendations, and publications of the Commission, each national section having one vote. Paragraph 9 authorizes the Commission to adopt bylaws and rules for the

conduct of its meetings.

Paragraph 10 authorizes the Commission to employ necessary personnel.

Paragraph 11 provides for the establishment of an advisory committee by each high contracting party for its national section.

Paragraph 12 authorizes the Commission to hold public hearings, and each national section to hold public hearings within its own country.

Paragraph 13 provides for a director of investigations and specifies his duties. Paragraph 14 establishes English and Spanish as the official languages of the Commission, and requires certain records and publications to be in both languages. Paragraph 15 provides that each national section may obtain certified copies of any documents pertaining to the Commission except that the Commission may adopt rules to insure the confidential character of individual company statistics and records.

Paragraph 16 permits the Commission to utilize the technical and scientific services of other public and private agencies.

Article II describes the functions and duties of the Commission. These are directed toward the goal of obtaining scientific information concerning the vellowfin (Neothunnus) and skipjack (Katsuwonus) tuna fishes, and the kinds of fishes commonly used as bait in the tuna fisheries, especially the anchovetta. Other kinds of fish taken by tuna fishing vessels may also be studied. The Commission is authorized to conduct scientific studies, collect and analyze statistics, and engage in similar fact-finding activities. It is also authorized to recommend proposals for joint conservation action by the high contracting parties, and to publish or otherwise disseminate reports of its findings and other appropriate reports. It is not, however, authorized to promulgate regulations for the purposes of conservation.

By article III the high contracting parties agree to enact the legislation necessary to carry out the purposes of the convention.

Article IV provides that the convention shall not be construed to modify any existing treaty with regard to the fisheries concerned previously concluded by a high contracting party, or to preclude a high contracting party from entering into treaties or conventions with other states regarding these fisheries, provided the terms are not incompatible with the present Convention.

Article V contains the ratification provisions. The Convention is to enter into force upon the exchange of ratifications. Any government whose nationals participate in the fisheries concerned in the Convention may adhere to the Convention upon receiving the unanimous consent of the bigh contracting parties. Withdrawals of member Governments are possible, after 10 years from the date of entry into force of the Convention.

The delegation of the United States believes that the interests of this country will be served by ratification of this Convention which it is anticipated will not only result in a positive benefit to the respective fishing industries of both countries but will also contribute to the conservation of an important food resource.

Respectfully yours,

W. M. CHAPMAN,

Chairman, United States Delegation.

(At this point, there was discussion off the record.) Senator GREEN. We shall next hear Senator Knowland, of California, out of which State most of the United States tuna fishing is operated.

STATEMENT OF HON. WILLIAM F. KNOWLAND, A UNITED STATES SENATOR FROM THE STATE OF CALIFORNIA

Senator KNOWLAND. Mr. Chairman and members of the committee, thank you for allowing me to appear before your committee in behalf of Executive K and Executive P, which are conventions between the United States and the countries of Mexico and Costa Rica, respectively, for the establishment of commissions for the scientific investigation of tuna and tuna-like fish. The purpose of the investigation is to scientifically obtain the necessary facts in order to conserve this natural resource with a view to sustaining the yield of the valuable tuna fisheries of the Pacific.

I wish also to take this opportunity of commending the Department of State in this matter of consultation with the industry, both with labor and management and with the State of California and the other agencies interested in this important problem. The cooperation has been fine, and I bave heard nothing but commendation for the splendid efforts of the Department in this regard.

Landings of tuna in California have jumped from 29,000,000 pounds in 1926 to 312,000,000 pounds in 1948.

Whereas 64 percent of the fish landed in 1926 were taken from waters adjacent to the United States, today nearly 90 percent is taken below the Mexican boundary line. The waters stretching westward from Mexico have been most productive and in more recent years, the waters west of Costa Rica have been most actively fished.

Unfortunately, unlike the splendid work done by the international commissions in safeguarding the salmon and halibut resources to the north, very little scientific work has been done on tuna, and we have no knowledge whether the heavy investment in this rapidly growing industry and its growing labor force will be suddenly faced with barren seas, such as happened in the halibut situation to which Mr. Chapman has referred.

THE SIZE OF THE TUNA INDUSTRY

The tuna industry supplies employment for over 5,000 fishermen and 7,000 fish-processing workers in California alone. Investment in boats, equipment, canneries, and so forth, exceed $70,000,000. The value of the catch at the fishermen's level in 1948 exceeded $50,000,000 in California.

These two conventions represent another stone in the good-neighbor bridge. They represent an amicable agreement between nations to save and share the natural resources of the seas for the common good.

Mr. Chairman, in conclusion, I would like to file for the record a few of the letters and telegrams I have received from industry, labor, and the State of California, which call for the favorable passage of this legislation.

I have one from the president of the Cannery Workers Union, another from the Fishermen's Cooperative Association, and two from the Department of Fish and Game, of the State of California. I would like to have that made a part of the record.

Senator GREEN. They will all be filed.

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